same as the plea of double jeopardy or autrefois acquit. The rule does not introduce any variation in the Code of Criminal Procedure either ... also does not prevent the trial of any offence as does autrefois acquit but only precludes evidence being led to prove a fact in issue
cannot be the principle on which the right to plead autrefois acquit is based, because Section 403 says that for the purpose of the exercise ... pleas autrefois acquit or autrefois convict is available, and lays down that a plea analogous to the plea of autrefois acquit setting out the special
cannot be the principle on which the right to plead autrefois acquit is based, because Section 403 says that for the purpose of the exercise ... pleas autrefois acquit or autrefois convict is available, and lays down that a plea analogous to the plea of autrefois acquit setting out the special
Criminal Procedure Code , which deals with the principle of
autrefois acquit: but that section does not preclude the
applicability of the rule. The rule ... Procedure Code embodies in
statutory form the accepted English rule of autrefois
acquit. The section reads as follows:
"403. (1) A person
recording of the prosecution evidence and, hence the principle of autrefois acquit cannot be pressed in service. In support of his submission, he invited ... provisions of Section 403 are based upon the general principle of autrefois acquit recognised by the English Courts. The principle upon which the right
prior decision. The rule as to issue estoppel is distinct from autrefois acquit. Autrefois acquit is founded upon the principle that for the same offence ... issue estoppel is different from the principle of double jeopardy or autrefois acquit as embodied in S. 403 of the Criminal Procedure Code. The principle
twice
punished for one offence. The plea of "autrefois
convict" or "autrefois acquit" avers that the
person has been previously convicted ... offence. There are two aspects of
doctrine of jeopardy viz. Autrefois convict and
Autrefois acquit. Autrefois convict means that the
person has been previously convicted
pursued has available to him the
plea of "autrefois convict" or "autrefois acquit".
"The plea of 'autrefois convict ... autrefois acquit" avers that the defendant has
been previously convicted or acquitted on a charge for the same offence as that in
respect
punished twice for one offence. The plea of
autrefois convict or autrefois acquit avers that
the person has been previously convicted or
acquitted ... punished twice for one offence. The plea of
autrefois convict or autrefois acquit avers that
the person has been previously convicted or
acquitted
SARKAR, A.K.
CITATION:
1957 AIR 592 1957 SCR 868
ACT:
Autrefois acquit--Trial for offences under s. 409 of the
Indian Penal Code ... conviction
under s. 409, the High Court applying the doctrine of
autrefois acquit held that the order of the judge in respect
of the charge
